Medical education - - Admission to MBBS course - Admission after cut off date - Admission denied to a meritorious candidate/student illegally or irrationally by authorities, for no fault of his/her and who approached Court in time - Admission cannot be denied to such a candidate/student - Grant of compensation in such cases can be a additional remedy but not a substitute..........
Central Excise Rules, 1944, Rule 8 -- Exemption from duty in special cases - Levy of education cess, Higher Education cess and NCCD - In absence of notification containing an exemption to such additional duties in the nature of education cess and secondary and higher education cess, they cannot be said to have been exempted - When a particular kind of duty is exempted,..........
Agreement to sell -- Specific performance - Settlement before Supreme Court - Concurrent findings of three Courts below in favour of plaintiff is on record - Parties have amicably settled the matter and defendant already received additional amount of Rs.12,50,000/- - Defendants thus, directed to apply for Town improvement Trust for transfer of suit property to plaintiff...........
Tender -- Kendu Leaf - Extension of time to deposit additional security not granted - Failure to deposit additional security - Tender terminated - Respondent approach High Court - High Court permitted to go ahead with re-tender and asked respondent to deposit Rs.20 lakh - Re-tender process completed - Respondent withdrew writ petition challenging cancellation and High..........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106 -- Kidnapping and Murder - Circumstantial evidence - Burden of proof - If accused is last seen with deceased, accused must offer an explanation as to how and when accused parted company with deceased - Accused must furnish an explanation that appears to Court to be probable and..........
Evidence Act, 1872, Section 3, 106 -- Circumstantial evidence - Burden of proof - When accused does not throw any light upon facts which are specially within his/her knowledge and which cannot support any theory or hypothesis compatible with his innocence, Court can consider his failure to adduce an explanation as an additional link which completes the chain of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Magistrate can summon persons not originally charge sheeted, but that can only be done when fresh material is brought on record...........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Appellants summoned 5 years after trial without any new material on record - They were kept in column No.12 of FIR, as no material found against them on investigation - Even, they were not charge sheeted - Magistrate can summon persons not originally charge sheeted, but that can only be..........
